Sri. Chikka Ramaiah vs Suresh Jain
2024 Latest Caselaw 3914 Kant

Karnataka High Court

Sri. Chikka Ramaiah vs Suresh Jain on 8 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                                 -1-
                                                         NC: 2024:KHC:5395
                                                       RFA No. 492 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 8TH DAY OF FEBRUARY, 2024

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                        REGULAR FIRST APPEAL NO. 492 OF 2018 (DEC/INJ)
                   BETWEEN:

                   1.    SRI. CHIKKA RAMAIAH
                         S/O LATE SRI RAMAIAH
                         AGED ABOUT 66 YEARS

                   2.    SRI MUNIRAJU
                         S/O LATE SRI RAMAIAH
                         AGED ABOUT 63 YEARS

                   3.    SMT JAYAMMA
                         SINCE DEAD BY HER LRS

                   3(a) SMT RATHNAMMA
                       W/O LATE JAYARAMAPPA K
                       AGED ABOUT 56 YEARS


Digitally signed
                   3(b) SRI RAMESH
by HEMALATHA           S/O LATE JAYARAMAPPA K
A                      AGED ABOUT 45 YEARS
Location: High         BOTH ARE R/O WARD NO.18
Court of
Karnataka              PUTTAPPA TEMPLE STREET
                       DEVANAHALLI TOWN.

                   3(C) SMT SATHYAMMA @ SATHYAVATHI
                        W/O LATE JAYARAMAPPA K
                        AGED ABOUT 51 YEARS

                   3(D) SMT PADMAMMA J
                        D/O LATE JAYARAMAPPA K
                        AGED ABOUT 34 YEARS
                             -2-
                                       NC: 2024:KHC:5395
                                     RFA No. 492 of 2018




3(e) SMT LAKSHMIDEVI J
    D/O LATE JAYARAMAPPA K
    AGEC ABOUT 31 YEARS

     ALL ARE R/AT NO.20
     PUTTAPPA TEMPLE STREET
     DEANAHALLI TOWN
     BANGALORE DISTRICT-562110.

4.   SRI GOPAL
     S/O LATE KRISHNAPPA
     AGED ABOUT 48 YEARS
     R/AT PUTTAPPA TEMPLE STREET
     DEVANAHALLI TOWN
     BANGALORE DISTRICT-562110.
                                           ...APPELLANTS
(BY SRI.K VIJAY KUMAR ., ADVOCATE)

AND:

1.   SURESH JAIN
     S/O CHANGAL LAL JAIN
     AGED ABOUT 51 YEARS
     NO.26, REST HOUSE ROAD
     BRIGADE ROAD CROSS
     BANGALORE-560001.

2.   SONAL JAIN
     D/O SHANTHI LAL JAIN
     AGED ABOUT 36 YEARS
     R/O NAGAPPA STREET
     SHESAHDRIPURAM
     BANGALORE-560047.
                                         ...RESPONDENTS
(BY SRI. HARSHA KUMAR GOWDA H R.,ADVOCATE FOR R1:
NOTICE TO R2 IS UNSERVED)
     THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 01.03.2018
PASSED IN OS.NO.2231/2006 ON THE FILE OF THE SENIOR
                                -3-
                                               NC: 2024:KHC:5395
                                             RFA No. 492 of 2018




CIVIL JUDGE AND JMFC., DEVANAHALLI, DISMISSING THE
SUIT FOR DECLARATION AND PERMANENT INJUNCTION.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                           JUDGMENT

1. Learned counsel for appellants has filed a memo

dated 02.02.2024 stating that the parties have settled the

matter out of the Court.

2. Memo dated 02.02.2024 is taken on record.

3. Accordingly, the appeal is dismissed as

withdrawn.

4. Office is directed to refund the Court fee in favour of

appellant No.2, after due verification.

5. In view of disposal of the main appeal, all pending

applications do not survive and the same are also disposed

of.

Sd/-

JUDGE

HA